Necessity defence- DURESS.

Question 1

HASAN? THE ELEMENTS OF DURESS?

Answer 1

1. There must be a threat of death or serious injury;
2. That threat must be made to D or his immediate family or someone close to him or someone whim D would reasonably regard himself as responsible.
3. D must reasonably believe that he has a good cause to fear death or serious injury and his response must be one which might be expected of a sober person of reasonable firmness: BOWEN.
4. The crime must be directly caused by the threats.
5. There must be no reasonable opportunity to escape the threat.
6. D cannot rely on threats to which he has voluntarily laid himself open.

Question 2

DID D REASONABLY BELIEVE THAT HE HAS GOOD CAUSE TO FEAR DEATH OR SERIOUS HARM AND WAS HIS RESPONSE ONE WHICH MIGHT BE EXPECTED OF A SOBER PERSON OF REASONABLE FIRMNESS?

Answer 2

A low IQ wouldn’t be taken into account, it is also irrelevant that D is emotionally unstable, unusually pliable or vulnerable to pressure.

D’s age and D’s sex would be taken into consideration.

Question 3

WAS THERE A REASONABLE opportunity TO ESCAPE THE THREAT? HASAN?

Answer 3

D must reasonably believe that the threat could be carried out immediately or almost immediately.

Question 4

HAS D VOLUNTARILY LAID HIMSEF OPEN TO THE THREATS? HASAN?

Answer 4

In HASAN duress fails where D voluntarily associates with criminals and he foresaw or ought reasonably to have foreseen the risk of being forced to commit any crime by threats of violence.